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NOTICE OF MOTION

Tarjit Kaur Inderjit Singh - Suit Stamp No.10142 of 2017VsGurmejmohinder Mohinder Singh

CNR MHCC0100334120189-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 10th January 2020

TrustJury record updated 10 Sept 2026

Case Overview

Registration Number
101022/2018
Registration Date
09 Mar 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Tarjit Kaur Inderjit Singh - Suit Stamp No.10142 of 2017

    Respondent

    1. 1Gurmejmohinder Mohinder Singh

    Acts & Sections

    1
    Public Premises (Eviction of Unauthorised Occupants) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 15-03-2018
Business: Matter adj. for Proof of service of NM  to 04.04.2018.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 04-04-2018

Date: 04-04-2018
Business: Matter adj. for Compliance and Affidavit of Service to 11.06.2018.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 11-06-2018

Date: 11-06-2018
Business: Adv. Vishwakarma for plaintiff present.
Time extended for compliance of order dated 4.4.2018.
Tim extended for writ of summons.
Matter adj. for Compliance and Writ of Summons to 06.08.2018.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 06-08-2018

Date: 06-08-2018
Business: Matter adj. for Compliance to 06.10.2018.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 06-10-2018

Date: 06-10-2018
Business: Matter adj. for Compliance to 15.01.2018.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 15-01-2019

Date: 15-01-2019
Business: Matter adj. for Compliance to 31.01.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 31-01-2019

Date: 31-01-2019
Business: Matter adj. for taking Steps and Affidavit of Service to 12.04.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 12-04-2019

Date: 12-04-2019
Business: Matter adj. for Compliance and Affidavit of Service to 19.06.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 19-06-2019

Date: 19-06-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 25-09-2019

Date: 25-09-2019
Business: Advocate R. S. Tripathi for Plaintiff sought extension of time for service of writ of summons in respect of substituted service.  Time extended till next date.
Court is busy in hearing and dictating order on EA no.297/14 (and at the time of hearing of EA no.297/14, electricity supply has gone), hence board of first session is discharged and case is adjourned to 29/11/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-11-2019

Date: 29-11-2019
Business: Matter pertains to C.R. No.09
Adv. A. R. Tiwari for plaintiff present and filed affidavit of service of writ of summons. t.o.r.
None for defendants.
Case is adjourned to 10/01/2020 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-01-2020

Date: 10-01-2020
Business: Advocate Mr. Manoj Vishwkarma for Plaintiff present
None present for Defendant.
Service of writ of summons dated 29/11/2019 shows that writ of summons is served by issuing public notice on 14/11/2019. Inspite of service of writ of summons no one has appeared for Defendants hence suit to proceed exparte.
As suit proceeded exparte, it becomes clear that Defendants are not contesting the suit, hence Notice of Motion no.1022/18 is made absolute in terms of prayer clause (b) only.  In respect of Notice of Motion no.4174/17 it is noticed that Plaintiff has sought directions to be gen to Defendants to pay Plaintiff 50 percent share of rent received from suit shops, however the plaint shows that Plaintiff has claimed the decree of partition of suit property in such circumstances unless Plaintiff\''s share is determined in suit property the  relief as prayed in Notice of Motion no.4174/17 can not be granted, hence Notice of Motion no.4174/17 stands disposed off/dismissed.
Case is adjourned to 30/03/2020 for expare evidence.
Nature Of Disposal: ALLOWED
Disposal Date: 10-01-2020

    Additional Case Details

    Additional Case Details
    Filing Number: 103759/2018
Filing Date: 09-03-2018
First Hearing Date: 15th March 2018
Decision Date: 10th January 2020
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    10 Jan 2020
    Order Details: Notice of Motion
Pdf Text: Advocate Mr. Manoj Vishwkarma for Plaintiff present None present for Defendant. Service of writ
of summons dated 29/11/2019 shows that writ of summons is served by issuing public notice on
14/11/2019. Inspite of service of writ of summons no one has appeared for Defendants hence suit to
proceed exparte. As suit proceeded exparte, it becomes clear that Defendants are not contesting the
suit, hence Notice of Motion no.1022/18 is made absolute in terms of prayer clause (b) only. In
respect of Notice of Motion no.4174/17 it is noticed that Plaintiff has sought directions to be gen to
Defendants to pay Plaintiff 50 percent share of rent received from suit shops, however the plaint
shows that Plaintiff has claimed the decree of partition of suit property in such circumstances unless
Plaintiff&amp#039s share is determined in suit property the relief as prayed in Notice of
Motion no.4174/17 can not be granted, hence Notice of Motion no.4174/17 stands disposed
off/dismissed. Case is adjourned to 30/03/2020 for expare evidence.
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    Order 1
    10 Jan 2020
    Order Details: Notice of Motion
Pdf Text: Advocate Mr. Manoj Vishwkarma for Plaintiff present None present for Defendant. Service of writ
of summons dated 29/11/2019 shows that writ of summons is served by issuing public notice on
14/11/2019. Inspite of service of writ of summons no one has appeared for Defendants hence suit to
proceed exparte. As suit proceeded exparte, it becomes clear that Defendants are not contesting the
suit, hence Notice of Motion no.1022/18 is made absolute in terms of prayer clause (b) only. In
respect of Notice of Motion no.4174/17 it is noticed that Plaintiff has sought directions to be gen to
Defendants to pay Plaintiff 50 percent share of rent received from suit shops, however the plaint
shows that Plaintiff has claimed the decree of partition of suit property in such circumstances unless
Plaintiff&amp#039s share is determined in suit property the relief as prayed in Notice of
Motion no.4174/17 can not be granted, hence Notice of Motion no.4174/17 stands disposed
off/dismissed. Case is adjourned to 30/03/2020 for expare evidence.
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